Brooks Distributing Co., Inc. v. Pugh, 560A88
| Decision Date | 05 April 1989 |
| Docket Number | No. 560A88,560A88 |
| Citation | 324 N.C. 326,378 S.E.2d 31 |
| Court | North Carolina Supreme Court |
| Parties | BROOKS DISTRIBUTING COMPANY, INC., Plaintiff, v. Jeffrey PUGH, Defendant. BROOKS DISTRIBUTING COMPANY, INC., Plaintiff, v. Howard HELTON, Defendant. |
Maxwell, Martin, Freeman and Beason by James B. Maxwell and John C. Martin, Durham, for plaintiff-appellant.
Haywood, Denny, Miller, Johnson, Sessoms and Patrick by George W. Miller, Jr. and E. Elizabeth Lefler, Durham, for defendants-appellees.
For the reasons stated in the dissenting opinion of Cozort, J., the decision of the Court of Appeals as to the defendant Helton is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court of Durham County.
REVERSED AND REMANDED.
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14 cases
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Walter v. Freeway Foods, Inc. (In re Freeway Foods of Greensboro, Inc.)
...of a contract on a motion to dismiss for a failure to state a claim on which relief can be granted. See Brooks Distrib. Co. v. Pugh, 324 N.C. 326, 378 S.E.2d 31, 31 (1989) (adopting Justice Cozart's dissenting opinion from Court of Appeals) (91 N.C.App. 715, 723–24, 373 S.E.2d 300). Essenti......
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Parker v. Glosson
...This Court addressed similar facts in Brooks Distributing Co. v. Pugh, 91 N.C.App. 715, 373 S.E.2d 300, rev'd per curiam, 324 N.C. 326, 378 S.E.2d 31 (1989). In Brooks, the trial court dismissed a complaint that alleged breach of contract. 91 N.C.App. at 717, 373 S.E.2d at 302. The trial co......
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Brackett v. SGL Carbon Corp.
...conference which were subject of action did not convert motion to one for summary judgment), reversed on other grounds, 324 N.C. 326, 378 S.E.2d 31 (1989). To determine whether a complaint is sufficient to survive a Rule 12(b)(6) motion to dismiss, the court must ascertain "`whether, as a m......
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Dunn Holdings I, Inc. v. Confluent Health LLC
... ... 2002) ... (citing Am. Railway Express Co. v. Commonwealth , 228 ... S.W. 433, 436-37 (Ky. 1920)) ... 12(b)(6) motion, see Brooks Distributing Co v. Push , ... 91 N.C.App. 715, 723-24, 373 ... ...
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